Declarations of trust for land vested in an apparent purchaser

Circumstances/Transactions:

A declaration of trust made by an apparent purchaser in respect of identified dutiable property where either: 

• the real purchaser has either provided the full purchase money for the dutiable property, or
• the Commissioner is satisfied that the real purchaser has or will provide the money for the full purchase price of the dutiable property.  

Evidence:

1. A copy of any relevant agreement between the real purchaser and the apparent purchaser (the trustee).
2. If there was no agreement, state the reason why the apparent purchaser held the dutiable property.
3. A statutory declaration by the trustee stating who contributed the deposit and the balance of the purchase monies.
4. Copies of relevant financial statements, or evidence proving the payment and source of the purchase monies such as copies of bank account statements and loan statements.
5. If the trustee is a company, copies of the company’s financial statements and tax returns since the company became trustee.